Blythe v. Ayres
California Supreme Court
Appeal by the “Williams heirs” from a judgment of the Superior Court of the city and county of San Francisco declaring Florence Blythe to be the sole heir of Thomas H. Blythe, deceased. The court below found that the real name of the deceased was Thomas H. Williams, that he had no heirs in the direct line except the plaintiff, Florence Blythe, and that the persons known as the “Williams heirs” were next of kin to him in the collateral line.
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Appeal by the “Williams heirs” from a judgment of the Superior Court of the city and county of San Francisco declaring Florence Blythe to be the sole heir of Thomas H. Blythe, deceased. The court below found that the real name of the deceased was Thomas H. Williams, that he had no heirs in the direct line except the plaintiff, Florence Blythe, and that the persons known as the “Williams heirs” were next of kin to him in the collateral line. There are numerous other claimants, who contest the finding in favor of the Williams heirs, on behalf of whom briefs were permitted to be filed upon this…
1Opinion of the Court
Garoutte, J.—
This is an action instituted under section 1664 of the Code of Civil Procedure by the plaintiff, a minor, through her guardian, to determine the heirship and title to the estate of Thomas H. Blythe, deceased. The section provides that in all estates now being administered, or that may hereafter be administered, any person claiming to be heir to the deceased, or entitled to distribution in whole or in part of such estate, may, at any time after the expiration of one year from the issuance of letters testamentary or of administration, file a petition in the matter of such estate,…
2Cases cited19 opinions
- Ross v. RossMassachusetts Supreme Judicial Court · 1880
- In re the Estate of JessupCalifornia Supreme Court · 1889
- Lessee of Brewer v. BlougherSupreme Court of the United States · 1840
- Miller v. . MillerNew York Court of Appeals · 1883
- Kelly v. OwenSupreme Court of the United States · 1869
14 more not listed; retrieve them via the Exa API.
3Cited by132 opinions
- Steven A. v. Rickie M.California Supreme Court · 1992
- Yarborough v. YarboroughSupreme Court of the United States · 1933
- Gavin v. Protestant Episcopal BishopCalifornia Supreme Court · 1933
- Biewend v. BiewendCalifornia Supreme Court · 1941
- Estate of BairdCalifornia Supreme Court · 1924
127 more not listed; retrieve them via the Exa API.